Litigation and Advocacy

The firm focuses on winning business-related disputes, such as those that arise in the context of contracts or other business arrangements. We help businesses, business owners, and professionals in settlement negotiations and by effectively representing them in court or arbitration. We also help businesses prevent the need for costly litigation through effective protection strategies. You can learn more about my extensive training and experience in business law and persuasive legal advocacy here.

A dispute might start when one party believes that another has breached any type of business agreement, such as:

lease agreements

non-competition agreements

franchise agreements

intellectual property agreements

confidentiality agreements

real estate contracts

agency agreements

financing agreements

licensing agreements

partnerships

profit-sharing arrangements

purchasing agreements

employment contracts

subcontracts

and many more…

Other disputes might not arise from contracts, but rather from other sources of law. These disputes might include:

patent litigation

employment actions

discrimination claims

consumer fraud

trademark/copyright infringement

unfair competition

misappropriation

antitrust

defamation

director/officer liability

unjust enrichment

and much more…

The clients we choose to work with enjoy the benefits of my experience and dedication in all stages of disputes and litigation:

Initial Consultation. Most potential clients will qualify for a free consultation with me to gain clarity on their problems and learn options to solve them.

Pre-Litigation Strategy. We don’t throw darts randomly at a board. Before we take any kind of action, we will discuss risks and benefits in the context of your core personal and business values.

Pre-Litigation Investigation. Facts drive the outcome of most cases. So before we take major action, we will work with you to understand the full story as best we can before we ever step foot in a courtroom or arbitration.

Legal Strategy. The other half is understanding the law, that is, determining the rules of the game. Some laws are obscure or buried, and your lawyer must have excellent research skills to make sure there are no surprises. Beyond that, what you will quickly discover as a client is that, very often, the law is not clear. You need an intelligent strategy to argue for an interpretation that is fair and in your interests.

Pleadings. These are the first documents that a court sees, and they will set the stage for the entire case. Your claims and defenses must be spelled out under the rules of procedure, otherwise you may waive them.

Temporary Restraining Orders and Preliminary Injunctions. Sometimes there is such urgency and so much at stake that you cannot wait for a trial for the relief you need. Here, we need to look at whether there is a basis for a temporary restraining order or preliminary injunction. If so (and if it is prudent), it is critical that we move quickly and intelligently to petition the court.

Discovery. This is the stage where we obtain the documents we need from the other side and can compel them to answer questions under oath. In discovery, we will get the information we need to avoid surprises at trial and more fully assess the strengths of our case. Also, this is where we can pin our opponents to certain positions, making it much harder for them to freely change them later.

Settlement Negotiations. At any stage of a case, we can explore settlement. You must be represented well in settlement negotiations to make sure that any deal is truly in your best interest, given all the risks involved in any dispute. You retain full authority to decide whether to accept or reject any settlement offer.

Motions. Throughout the proceedings, you will need a strong advocate who will represent your interests before the judge. These might include motions to dismiss or motions for summary judgment, which dispose of some or all of the issues before trial.

Trial. This is the main event, but everything that leads up to trial will have huge impact on your success. Trial includes jury selection, opening statements, direct examinations, cross-examinations, offers of evidence, and closing arguments. You need a lawyer who is not only extremely well prepared, but also able to think on his feet and well versed in the art of courtroom persuasion.

Appeal. Suppose you have been through the trial court (let’s say, with another law firm) and it did not turn out as you would have liked. The option is often there to appeal. You need someone who can thoroughly examine you chances, write persuasively, and argue persuasively to fix what was wrong, and make things right.

If you have a dispute that you think might qualify for our services, please request a free consultation. Call 312-970-1847.